How to File a Rent Overcharge Complaint in Oregon

Facing a rent increase that feels too high? If you’re a renter in Oregon, it’s important to know your rights under state rent control laws. Filing a rent overcharge complaint is a vital step if your landlord charges more than what’s legally allowed. This guide will help you understand what qualifies as an overcharge, which official steps to take, and what protections exist for Oregon renters.

Understanding Rent Overcharge and Oregon’s Rent Control Law

Oregon has statewide rent control through Oregon Revised Statutes (ORS) Chapter 90 – Residential Landlord and Tenant Law. This law sets annual limits on how much landlords can raise rent for most residential properties. For 2024, the allowable rent increase is 10.0% or 7% plus the consumer price index (CPI), whichever is less^[1]. Some properties are exempt, such as new constructions (less than 15 years old) or regulated affordable housing.

• A rent overcharge occurs if your landlord increases rent above the annual cap, unless the property is exempt.
• Always check if your rental qualifies under the rent control law before filing a complaint.

When Should You File a Rent Overcharge Complaint?

If you receive a rent increase notice that is higher than the legal limit and your unit is covered by ORS 90, you can dispute the increase. Keep all correspondence, including the notice and your past lease agreements, as evidence when submitting your complaint.

How to File a Rent Overcharge Complaint in Oregon

The main official agency for tenant complaints is the Oregon Housing and Community Services (OHCS), but complaints related to illegal rent increases are typically processed through your local county or city government, or, if not resolved, in county court.

1. Document the Overcharge

• Save the notice of rent increase and your current lease.
• Record dates, amounts, and communications in writing.

2. Communicate with Your Landlord

• Contact your landlord in writing, referencing ORS 90 and the current rent cap. Politely request a corrected notice if you believe the increase is unlawful.
• Keep a copy of all correspondence.

3. Submit a Formal Complaint

• If your landlord refuses to lower the rent, you may file a complaint with your city or county’s housing department (if available). Portland, for example, has dedicated resources for tenant complaints.
• Many areas use a written complaint letter. There is no single statewide form, but some cities provide an official intake form. Portland renters can use the Renter Complaint Form for the Portland Housing Bureau.
• If you reside elsewhere, review your local county or city housing website or contact OHCS Tenant Protections for specific instructions.
• If your issue isn’t resolved, small claims court is also an option. You may use your documentation to support your claim.

Key Official Forms for Oregon Renters

• Portland Renter Complaint Form: For renters in Portland, submit this online to report unlawful rent increases.
  Example: If you received a rent increase above the legal limit and live in Portland, fill out the Portland Renter Complaint Form and attach copies of your notice and communications.

• Small Claims Court Forms: If mediation fails, you may file for damages in county small claims court. Each county court provides their own forms. For example, Plaintiff’s Small Claims Complaint and Notice of Small Claim.
  Example: Use this form if you want to recover excess rent paid. Fill out the complaint, attach your evidence, and submit to your local circuit court.

Tip: If you’re unsure which agency to contact, start with the OHCS Tenant Protections page for statewide contacts.

Which Tribunal Handles Tenancy Issues in Oregon?

Oregon does not have a centralized residential tenancy tribunal like some states. Disputes may be handled through:

• Oregon Judicial Department (OJD) - Circuit Courts (for legal action)
• OHCS Tenant Protections (for general help and complaint direction)

Your Rights under Oregon Law

Your rights and responsibilities as a renter are defined by ORS Chapter 90. It addresses topics such as rent increases, repairs, eviction, and more. Always refer to the latest state legislation for up-to-date guidelines.

FAQ

1. Can my landlord raise rent by any amount in Oregon?
   Most Oregon rentals have a rent cap set by law. For 2024, rent increases must not exceed 10.0% (or 7% plus CPI, whichever is less), unless the property is exempt.
2. What evidence do I need to file a rent overcharge complaint?
   Keep your rent increase notice, lease agreement, payment records, and any written communication with your landlord.
3. Is there a statewide form for rent complaints in Oregon?
   No, but many larger cities, like Portland, have their own official form. For statewide guidance, check with OHCS Tenant Protections.
4. What happens after I file a complaint?
   The housing agency or court will review your case. You may be contacted for more information, and your landlord may be required to lower the rent or provide a refund for the overcharged amount.
5. Who can I contact for free legal advice?
   You can reach out to Legal Aid Services of Oregon or your local tenant resource center for help navigating your rights and options.

Conclusion: Key Takeaways

• Oregon limits most rent increases by law—know the current cap before responding to any notice.
• Always keep written records and use official forms when making a rent overcharge complaint.
• If issues aren’t resolved through your landlord or local housing department, small claims court is an available option.

Need Help? Resources for Renters

• Oregon Housing and Community Services – Tenant Protections: Main state resource for renters’ rights and complaint procedures.
• Legal Aid Services of Oregon: Free legal help and tenant advocacy.
• Portland’s Renter Resources: Help for Portland residents on complaints and local forms.
• Oregon Courts – Small Claims: Information and forms for small claims court disputes.

---

1. Oregon Housing and Community Services: Tenant Protections (2024)
2. Oregon Revised Statutes Chapter 90 – Landlord and Tenant
3. City of Portland: Renter Complaint Form
4. Oregon Judicial Department: Small Claims Complaint Form

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations